Thank you for your question. You can file for divorce in New Jersey as long as you have been a resident of the state for at least one year. To the extent that your husband accumulated assets, including cryptocurrency, during the marriage, you would be entitled to an equitable share of these assets.... View More

I am sorry to hear that you are going through this. Given the long term of your marriage, any assets acquired during the marriage would be subject to equitable distribution. That being said, there are a variety of factors that would be considered when determining how the marital home will be... View More

Thank you for your inquiry. Generally speaking, any property acquired during the marriage is subject to equitable distribution regardless of the named parties on the title to property. That being said, I suggest scheduling a consult with an attorney to discuss your options in more detail such as a... View More

Thank you for your question. In NJ, a parent must obtain consent, from the other parent, or a Court Order to permanently remove a minor child outside of the state. In the event the matter proceeds to Court, a determination will be made as to what is in the child’s best interest. In review of the... View More

Thank you for the question. It sounds like you need to file a motion for enforcement with the court and to address arrears and obtain accurate income information. The court are operating and should be able to address the motion you file in normal course, whether virtually or in person. He will... View More

Thank you for the question. Once you file for default, the court should schedule the matter for a Default Hearing. You will need to file a proposed Judgement of Divorce outlining your requested relief (ie: related to custody, parenting time, support and equitable distribution) with any supporting... View More

Thank you for your question. It is difficult to give you a definitive answer without obtaining additional facts. There are many factors to the equitable distribution statute and without having full financial disclosure, a firm answer is not possible. It would be best to contact an experienced... View More

Thank you for your question. Cohabitation is a basis to terminate or suspend alimony. There are however various factors of the stature. Therefore additional facts are necessary to better guide you. Based on your circumstances, it would be best to contact an experienced family law attorney to... View More

Thank you for your question about custody and parenting time in cases where domestic violence exists. I am sorry you are going through this difficulty time. Your inquiry is fact specific. In order to answer your question, it is important to know if there is currently a temporary or final... View More

Thank you for your inquiry. Unfortunately, there is no “set timeframe” for when a Judge renders a decision after oral argument. A lot of factors can affect the timeframe for an Order based on the specifics of your matter and the timeframe generally fluctuates by each Judge. In regards to... View More

Thank you for your question about enforcing the term of your divorce. In order to enforce your divorce decree, you would need to file a motion with the court to hold your ex-spouse in violation of litigant’s rights and compel them to comply with the provisions. It must be filed with the court... View More

Thank you for your question about modifying your Judgment of Divorce. You indicated that your ex-wife no longer wants her share of your pension. I am sure that is great news. I assume when you say divorce decree you mean a Settlement Agreement. In order to modify the terms, you would need a... View More

Thank you for your question. If you are a resident of New Jersey, you can file the Complaint for Divorce and serve her while she is still here. If she does not respond or cooperate in the proceeding, the Court can still grant you the divorce. As long as you continue to live in the State, the... View More

Thank you for your question. Generally, if there is an existing court order for child support, whether or not it is paid through child support probation, you should prepare and file a consent order with the court that established the child support obligation so that there is a proper record of the... View More

Thank you for your question. I am sorry the Court is being involved. Yes, a Court can compel you to take classes in that a refusal to do so can lead to the Court removing the children from the home. You should immediately consult with a Family law attorney to recognize and protect your rights... View More

Thank you for your question. I’m sorry to hear of this situation. Generally speaking, verbal agreements are enforceable, but when property such as land or houses are involved, it’s always better to have a written agreement. In fact, in some circumstances the Statute of Frauds requires a... View More

Thank you for your question. I am sorry you are having child support issues. If you were divorced in NJ then NJ law still applies and your daughter, because she is in college, is NOT emancipated. Therefore you have a continuing child support obligation. However, it is not "all or... View More

Thank you for your question. I am sorry that you are still having issues with child support. File your Motion and at the very beginning of the Certification (the document you file along with your Certification explaining why you are entitled to the relief you seek), explain how there is no party... View More

Thank you for your question. I’m sorry to hear you’re going through this. You should strongly consider filing an application with court to establish a parenting time schedule. If he has already filed an application for child support, then you should file a parenting time application under... View More

Thank you for your question. Typically, you need to be a resident of the State of New Jersey for at least one year in order to be able to file a Complaint for Divorce in New Jersey. If your stepdaughter is living in Florida, she would not be able to satisfy this residency requirement. She may,... View More